DANA POINT : Preliminary OK for Overcrowding Law

A strict new law that will penalize landlords who allow overcrowding was unanimously given preliminary approval by the City Council this week.

Along with providing strict guidelines on how many people can live in specific living spaces, the ordinance makes overcrowding a public nuisance, City Atty. Jerry Patterson said. Among other restrictions, it imposes a limit of two people per bedroom plus one other person per dwelling unit, or one person for each 120 square feet of living space, whichever of those two restrictions permits the larger number of occupants, Patterson said.

Mayor Mike Eggers said the new law, unlike a similar overcrowding law passed by the council in July, “puts the onus (for compliance) on the landlords and the property managers.”

“We’re not going to let them get away with that,” Eggers said. “There are specific standards now and specific procedures.”

Patterson said landlords who accept rent from tenants in overcrowded living spaces will be in violation. Landlords will also be liable for any violations if they do not have a written agreement with their tenants that specifies the number of tenants allowed, he said.

The new law will affect only new leases, not existing ones, Patterson said.

“We don’t want to make it appear that the government is coming in and changing contracts,” he said.

John Kutschka, president of the city’s Lantern Village Assn. and one of the first local proponents of an overcrowding law, hailed the council vote.

“We feel we got a real good ordinance that is both fair and legal,” said Kutschka, who is a city homeowner and landlord. “It’s straightforward and it doesn’t violate anyone’s rights.”

The city will attempt to educate landlords and property owners through mailings and group meetings.